Editorial: Budget shortfall could affect right to counsel

A projected $1 million shortfall in funding to the 15th Judicial District public defender's office has already resulted in layoffs and cuts in pay to attorneys. That could limit the services it provides to defendants who can't afford legal representation.

This is a grim prediction, because about 90 percent of defendants in criminal cases rely on the public defender's office, which provides attorneys at no cost or reduced cost to those who cannot afford one.

This should not happen. The right to legal counsel is guaranteed by the Sixth Amendment to the U.S. Constitution.

And yet, this is not an isolated case. Frank Neuner, Louisiana Public Defender Board chairman, told The Daily Advertiser on Tuesday that there was a funding shortfall in New Orleans last year and in Lake Charles in years past.

The problem in the 15th Judicial District, which includes Lafayette, Acadia and Vermilion parishes, came about through a perfect storm of diminishing revenues.

State funding has not increased in two years, Neuner said.

That amount is supplemented by revenues from fines and fees collected by various agencies in the district, but that source, which accounts for 60 to 65 percent of the agency's funding, has slowed down in the recent past.

There has been a drop in client payments, funds from Crowley City Court because of a ticket-writing dispute in the city administration and a $250,000 drop in bail bond forfeiture collections by the District Attorney's Office, according to a recent article in The Daily Advertiser.

Money from traffic camera revenues don't go to the public defender's office.

In addition, since G. Paul Marx took over the public defender's office, spending has increased by 3 to 4 percent a year. Under his predecessor, David Balfour, there was a surplus of funds but at the cost of not complying with state and national guidelines.

Some of this is unavoidable. Some of it - especially the lax attitude toward collections - is inexcusable.

The worst case scenario for the district would be restriction of services, Nuener said. Some attorneys have resigned already because of a decrease in compensation.

The solution is to hire contract lawyers or, in extreme cases, to have the courts appoint private attorneys to represent defendants pro bono - free of charge.

"Some lawyers have challenged that," Neuner said.

Fewer lawyers means a larger caseload for those who are left, Neuner said. And that can lead a slowdown in the process and possibly to less effective defense for those on trial.

There are no easy long-term solutions.

Although the state public defender's board most recently asked for $42 million, they have received the same amount as the year before - $33 million. After funds for appeals and other services are siphoned off, $17 million is left to divide among the 41 public defender's' offices.

It is time for local agencies to step up collections of fines and forfeitures to bolster slumping revenues.

There is a fundamental problem with this source of funding, however, in that it is unstable, even when local agencies are diligent about collections. It's difficult to budget, if it's unclear how much money will be coming in.

Louisiana is one of only a few states in which judicial districts rely on direct remittance from courts and other agencies.

"In some states, they may collect local money," Neuner said, "but it goes into a general fund and the state could increase appropriations to a public defender's office."

That bears serious consideration in this state. It could help Louisiana public defenders' offices from running into similar financial troubles in the future.

And that would help to safeguard all citizens' Sixth Amendment right to counsel.

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Editorial: Budget shortfall could affect right to counsel

A projected $1 million shortfall in funding to the 15th Judicial District public defender's office has already resulted in layoffs and cuts in pay to attorneys. That could limit the services it